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GUIDE TO ARTICLE 7

Comparison with Proposed Common European Sales Law


Match-up of CISG Article 7 with Proposed Common European Sales Law Articles 2, 3, 4
CISG Article 7

(1) In the interpretation of this Convention, regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade.

(2) Questions concerning matters governed by this Convention which are not expressly settled in it are to be settled in conformity with the general principles on which it is based or, in the absence of such principles, in conformity with the law applicable by virtue of the rules of private international law.

Proposed Common European Sales Law

Article 2 [Good faith and fair dealing]

1. Each party has a duty to act in accordance with good faith and fair dealing.

2. Breach of this duty may preclude the party in breach from exercising or relying on a right, remedy or defence which that party would otherwise have, or may make the party liable for any loss thereby caused to the other party.

3. The parties may not exclude the application of this Article or derogate from or vary its effects.

Article 3 [Co-operation]

The parties are obliged to co-operate with each other to the extent that this can be expected for the performance of their contractual obligations.

Article 4 [Interpretation]

1. The Common European Sales Law is to be interpreted autonomously and in accordance with its objectives and the principles underlying it.

2. Issues within the scope of the Common European Sales Law but not expressly settled by it are to be settled in accordance with the objectives and the principles underlying it and all its provisions, without recourse to the national law that would be applicable in the absence of an agreement to use the Common European Sales Law or to any other law.

3. Where there is a general rule and a special rule applying to a particular situation within the scope of the general rule, the special rule prevails in any case of conflict.


© Pace Law School Institute of International Commercial Law - Last updated December 13, 2011
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